Bicycling is a growing form of transportation and recreation in California, provided by the state’s good weather, scenic trails, and bicycle-friendly programs. Yet with more cyclists using the roads, bicycle accidents have also begun to rise. Cyclists are especially susceptible to severe injury because of the absence of protection in contrast to motor vehicles.
When a bicycle accident occurs, the effects may be catastrophic with serious injuries, piling-up medical expenses, lost income, and psychological damage. If you or your family member has become injured in a bike accident from another person’s negligence, assistance from a California bike accident attorney can ensure your rightful compensation. A professional lawyer can assist you in the legal process, negotiate with insurance providers, and, if needed, represent you in court.
If you or a loved one has been hurt in a Los Angeles big rig accident, it is beneficial to hire a seasoned big rig accident attorney to guide you through the legal process, advocate for your rights, and obtain the compensation you are entitled to.
Common Causes of Bicycle Accidents in California
Bicycle accidents can occur due to various reasons, many of which involve negligence by motorists, unsafe road conditions, or even defective bicycle parts. Some of the most common causes include:
1. Driver Negligence
- Failing to yield the right-of-way to cyclists
- Running stop signs or red lights
- Making unsafe lane changes
- Driving too close to a bicyclist (violating California’s Three Feet for Safety Act)
2. Distracted Driving
- Texting or using a phone while driving
- Adjusting the radio, eating, or engaging in other distractions
- Failing to check for cyclists before opening a car door (dooring accidents)
3. Speeding or Reckless Driving
- Excessive speed reduces reaction time, making it harder for drivers to avoid hitting cyclists
- Reckless driving increases the likelihood of severe accidents
4. Drunk or Impaired Driving
- Alcohol and drugs impair a driver’s judgment, coordination, and reaction time
- DUI drivers are more likely to hit cyclists, especially at night
5. Poor Road Conditions
- Potholes, uneven pavement, or debris can cause a cyclist to lose control
- Poor lighting or inadequate signage increases accident risks
6. Defective Bicycles or Equipment
- Faulty brakes, weak frames, or defective tires can contribute to accidents
- Bicycle manufacturers may be held liable in product liability claims
Common Injuries in Bicycle Accidents
Bicycle accidents often result in serious injuries due to the minimal protection available to cyclists. Some common injuries include:
- Head and Brain Injuries: Even with helmets, cyclists can suffer concussions or traumatic brain injuries (TBIs).
- Spinal Cord Injuries: Severe accidents may result in partial or complete paralysis.
- Broken Bones and Fractures: Wrists, arms, legs, ribs, and collarbones are especially vulnerable.
- Road Rash and Lacerations: Skin abrasions from sliding on pavement can lead to infections.
- Internal Injuries: Damage to internal organs may require emergency medical treatment.
What to Do After a Bicycle Accident in California
If you are involved in a bicycle accident, taking the right steps immediately can help protect your legal rights and strengthen your case.
1. Seek Medical Attention
- Even if you feel fine, injuries can be internal or delayed. Get checked by a doctor as soon as possible.
2. Call the Police and File an Accident Report
Having an official police report can serve as crucial evidence when filing a claim.
3. Gather Evidence at the Scene
If possible, take pictures of:
- Your injuries
- The accident scene
- Your damaged bicycle
- Any traffic signs or signals
4. Get Witness Information
If there were witnesses, collect their contact details as their statements can support your case.
5. Avoid Admitting Fault
Even a simple apology can be used against you by insurance companies to reduce your claim.
6. Contact a Bicycle Accident Lawyer
An experienced bike accident attorney can help you build a strong case and maximize your compensation.
Who Can Be Held Liable in a Bicycle Accident Case?
Determining liability is crucial in any accident case. Depending on the circumstances, the following parties could be responsible:
- Negligent Drivers: If a driver fails to follow traffic laws and causes the accident.
- Government Entities: If a city or municipality fails to maintain safe road conditions.
- Bicycle Manufacturers: If a defective bicycle part led to the crash.
- Property Owners: If hazardous conditions on private or commercial property contributed to the accident.
Compensation Available for Bicycle Accident Victims
If you have been injured in a bicycle accident due to another party’s negligence, you may be entitled to compensation for:
- Medical Expenses: Hospital bills, surgeries, physical therapy, and future medical costs.
- Lost Wages: If your injuries prevent you from working, you can recover compensation for lost income.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Property Damage: Costs to repair or replace your bicycle and other damaged belongings.
- Punitive Damages: In cases of extreme negligence, the court may award additional damages.
How a California Bike Accident Lawyer Can Help
Hiring a bicycle accident lawyer significantly increases your chances of securing a fair settlement. Here’s how an attorney can assist you:
- Investigating the Accident: Gathering evidence, analyzing police reports, and obtaining witness statements.
- Negotiating with Insurance Companies: Insurance adjusters often try to minimize payouts. A lawyer ensures you get the compensation you deserve.
- Filing a Lawsuit if Necessary: If insurance negotiations fail, an attorney can take your case to court.
- Representing You in Court: If your case goes to trial, having a legal expert on your side is invaluable.
California Bicycle Laws and How They Affect Your Case
Understanding California’s bicycle laws can play a key role in determining liability. Some essential laws include:
- California Vehicle Code 21200: Bicyclists have the same rights and responsibilities as motorists.
- Helmet Laws: Riders under 18 are required to wear helmets, but helmets are recommended for all cyclists.
- Right-of-Way Rules: Cyclists must follow traffic signals and yield when required.
- Bike Lane Use: Bicyclists should use designated bike lanes when available but can take the full lane when necessary for safety.
Violating these laws does not necessarily mean a cyclist is at fault, but it may impact liability determinations in accident claims.
Statute of Limitations for Bicycle Accident Claims in California
California law imposes a time limit on filing a personal injury lawsuit. You generally have two years from the date of the accident to file a claim. If the accident involved a government entity, such as poorly maintained roads, the deadline is much shorter—typically six months.
Failing to file within the required time frame could mean losing your right to seek compensation.
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
